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90_SB1251enr
225 ILCS 410/3-7 from Ch. 111, par. 1703-7
Amends the Barber, Cosmetology, Esthetics, and Nail
Technology Act of 1985 to make a technical change to a
Section concerning cosmetology licensure, renewal, continuing
education, and military service.
LRB9008499NTsbA
SB1251 Enrolled LRB9008499NTsbA
1 AN ACT regarding the regulation of professions.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Office of Banks and Real Estate Act is
5 amended by changing Section 5 and adding Section 6.5 as
6 follows:
7 (20 ILCS 3205/5) (from Ch. 17, par. 455)
8 Sec. 5. Powers. In addition to all the other powers and
9 duties provided by law, the Commissioner shall have the
10 following powers:
11 (a) To exercise the rights, powers and duties formerly
12 vested by law in the Director of Financial Institutions under
13 the Illinois Banking Act.
14 (b) To exercise the rights, powers and duties formerly
15 vested by law in the Department of Financial Institutions
16 under "An act to provide for and regulate the administration
17 of trusts by trust companies", approved June 15, 1887, as
18 amended.
19 (c) To exercise the rights, powers and duties formerly
20 vested by law in the Director of Financial Institutions under
21 "An act authorizing foreign corporations, including banks and
22 national banking associations domiciled in other states, to
23 act in a fiduciary capacity in this state upon certain
24 conditions herein set forth", approved July 13, 1953, as
25 amended.
26 (d) Whenever the Commissioner is authorized or required
27 by law to consider or to make findings regarding the
28 character of incorporators, directors, management personnel,
29 or other relevant individuals under the Illinois Banking Act,
30 or the Corporate Fiduciary Act, the Pawnbroker Regulation
31 Act, or at other times as the Commissioner deems necessary
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1 for the purpose of carrying out the Commissioner's statutory
2 powers and responsibilities, the Commissioner shall consider
3 criminal history record information, including nonconviction
4 information, pursuant to the Criminal Identification Act.
5 The Commissioner shall, in the form and manner required by
6 the Department of State Police and the Federal Bureau of
7 Investigation, cause to be conducted a criminal history
8 record investigation to obtain information currently
9 contained in the files of the Department of State Police or
10 the Federal Bureau of Investigation, provided that the
11 Commissioner need not cause additional criminal history
12 record investigations to be conducted on individuals for whom
13 the Commissioner, or a federal bank regulatory agency, or any
14 other government agency has caused such investigations to
15 have been conducted previously unless such additional
16 investigations are otherwise required by law or unless the
17 Commissioner deems such additional investigations to be
18 necessary for the purposes of carrying out the Commissioner's
19 statutory powers and responsibilities. The Department of
20 State Police shall provide, on the Commissioner's request,
21 information concerning criminal charges and their disposition
22 currently on file with respect to a relevant individual.
23 Information obtained as a result of an investigation under
24 this Section shall be used in determining eligibility to be
25 an incorporator, director, management personnel, or other
26 relevant individual in relation to a financial institution or
27 other entity supervised by the Commissioner. Upon request
28 and payment of fees in conformance with the requirements of
29 paragraph (22) of subsection (A) of Section 55a of the Civil
30 Administrative Code of Illinois, the Department of State
31 Police is authorized to furnish, pursuant to positive
32 identification, such information contained in State files as
33 is necessary to fulfill the request.
34 (Source: P.A. 89-508, eff. 7-3-96; 90-301, eff. 8-1-97.)
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1 (20 ILCS 3205/6.5 new)
2 Sec. 6.5. Commissioner, boards, actions taken. Neither
3 the Commissioner, any deputy commissioner, any member of any
4 Board or committee which performs functions related to Acts
5 administered by the Commissioner, nor any employee of the
6 Commissioner's office shall be subject to any civil liability
7 or penalty, whether for damages or otherwise, on account of
8 or for any action taken or omitted to be taken in their
9 respective official capacities, except when such acts or
10 omissions to act are corrupt or malicious or unless such
11 action is taken or omitted to be taken not in good faith and
12 without reasonable grounds.
13 Section 10. The Pawnbroker Regulation Act is amended by
14 changing Sections 0.05, 1, 7, and 7.5 and adding Section 1.5
15 as follows:
16 (205 ILCS 510/0.05)
17 (This Section may contain text from a Public Act with a
18 delayed effective date)
19 Sec. 0.05. Administration of Act.
20 (a) This Act shall be administered by the Commissioner
21 of Banks and Real Estate who shall have all of the following
22 powers and duties in administering this Act:
23 (1) To promulgate reasonable rules for the purpose
24 of administering the provisions of this Act.
25 (2) To issue orders for the purpose of
26 administering the provisions of this Act and any rule
27 promulgated in accordance with this Act.
28 (3) To appoint hearing officers and to hire
29 employees or to contract with appropriate persons to
30 execute any of the powers granted to the Commissioner
31 under this Section for the purpose of administering this
32 Act and any rule promulgated in accordance with this Act.
SB1251 Enrolled -4- LRB9008499NTsbA
1 (4) To subpoena witnesses, to compel their
2 attendance, to administer an oath, to examine any person
3 under oath, and to require the production of any relevant
4 books, papers, accounts, and documents in the course of
5 and pursuant to any investigation being conducted, or any
6 action being taken, by the Commissioner in respect of any
7 matter relating to the duties imposed upon, or the powers
8 vested in, the Commissioner under the provisions of this
9 Act or any rule promulgated in accordance with this Act.
10 (5) To conduct hearings.
11 (6) To impose civil penalties graduated up to
12 $1,000 against any person for each violation of any
13 provision of this Act, or any rule promulgated in
14 accordance with this Act, or any order of the
15 Commissioner based upon the seriousness of the violation.
16 (7) To issue a cease and desist order and, for
17 violations of this Act, or any rule promulgated in
18 accordance with this Act, or any other applicable law in
19 connection with the operation of a pawnshop, to suspend a
20 license issued under this Act for up to 30 days., and for
21 a continued pattern of violations to revoke a license
22 issued under this Act.
23 (8) To examine the affairs of any pawnshop if the
24 Commissioner has reasonable cause to believe that
25 unlawful or fraudulent activity is occurring, or has
26 occurred, therein.
27 (9) In response to a complaint, to address any
28 inquiries to any pawnshop in relation to its affairs, and
29 it shall be the duty of the pawnshop to promptly reply in
30 writing to such inquiries. The Commissioner may also
31 require reports or information from any pawnshop at any
32 time the Commissioner may deem desirable.
33 (10) To revoke a license issued under this Act if
34 the Commissioner determines that (a) a licensee has been
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1 convicted of a felony in connection with the operations
2 of a pawnshop; (b) a licensee knowingly, recklessly, or
3 continuously violated this Act, a rule promulgated in
4 accordance with this Act, or any order of the
5 Commissioner; (c) a fact or condition exists that, if it
6 had existed or had been known at the time of the original
7 application, would have justified license refusal; or (d)
8 the licensee knowingly submits materially false or
9 misleading documents with the intent to deceive the
10 Commissioner or any other party.
11 (11) Following license revocation, to take
12 possession and control of a pawnshop for the purpose of
13 examination, reorganization, or liquidation through
14 receivership and to appoint a receiver, which may be the
15 Commissioner, a pawnshop, or another suitable person.
16 (b) After consultation with local law enforcement
17 officers, the Attorney General, and the industry, the
18 Commissioner may by rule require that pawnbrokers operate
19 video camera surveillance systems to record photographic
20 representations of customers and retain the tapes produced
21 for up to 30 days.
22 (c) Pursuant to rule, the Commissioner shall issue
23 licenses on an annual or multi-year basis for operating a
24 pawnshop pawn shop. Any person currently operating or who has
25 operated a pawnshop in this State during the 2 years
26 preceding the effective date of this amendatory Act of 1997
27 shall be issued a license upon payment of the fee required
28 under this Act. New applicants shall meet standards for a
29 license as established by the Commissioner. Except with the
30 prior written consent of the Commissioner, no individual,
31 either a new applicant or a person currently operating a
32 pawnshop, may be issued a license to operate a pawnshop if
33 the individual has been convicted of a felony or of any
34 criminal offense relating to dishonesty or breach of trust in
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1 connection with the operations of a pawnshop. The
2 Commissioner shall establish license fees. The fees shall
3 not exceed the amount reasonably required for administration
4 of this Act. It shall be unlawful to operate a pawnshop pawn
5 shop without a license issued by the Commissioner.
6 (d) In addition to license fees, the Commissioner may,
7 by rule, establish fees in connection with a review,
8 approval, or provision of a service, and levy a reasonable
9 charge to recover the cost of the review, approval, or
10 service (such as a change in control, change in location, or
11 renewal of a license). The Commissioner may also levy a
12 reasonable charge to recover the cost of an examination if
13 the Commissioner determines that unlawful or fraudulent
14 activity has occurred. The Commissioner may require payment
15 of the fees and charges provided in this Act by certified
16 check, money order, an electronic transfer of funds, or an
17 automatic debit of an account.
18 (e)(d) The Pawnbroker Regulation Fund is established as
19 a special fund in the State treasury. Moneys collected under
20 this Act shall be deposited into the Fund and used for the
21 administration of this Act. In the event that General
22 Revenue Funds are appropriated to the Office of the
23 Commissioner of Banks and Real Estate for the initial
24 implementation of this Act, the Governor may direct the
25 repayment from the Pawnbroker Regulation Fund to the General
26 Revenue Fund of such advance in an amount not to exceed
27 $30,000. The Governor may direct this interfund transfer at
28 such time as he deems appropriate by giving appropriate
29 written notice.
30 (f) The Commissioner may, by rule, require all pawnshops
31 to provide for the expenses that would arise from the
32 administration of the receivership of a pawnshop under this
33 Act through the assessment of fees, the requirement to pledge
34 surety bonds, or such other methods as determined by the
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1 Commissioner.
2 (g)(e) All final administrative decisions of the
3 Commissioner under this Act shall be subject to judicial
4 review pursuant to the provisions of the Administrative
5 Review Law. For matters involving administrative review,
6 venue shall be in either Sangamon County or Cook County.
7 (Source: P.A. 90-477, eff. 7-1-98.)
8 (205 ILCS 510/1) (from Ch. 17, par. 4651)
9 Sec. 1. Every individual or business entity which lends
10 money on the deposit or pledge of physically delivered
11 personal property, other than property the ownership of which
12 is subject to a legal dispute, securities, printed evidence
13 of indebtedness or printed evidence of ownership of the
14 personal property, or who deals in the purchase of such
15 property on the condition of selling the property back again
16 at a stipulated price, person or company engaged in the
17 business of receiving property in pledge or as security for
18 money or other thing advanced to the pawner or pledger, shall
19 be held and is hereby declared and defined to be a
20 pawnbroker. The business of a pawnbroker does not include
21 the lending of money on deposit or pledge of title to
22 property.
23 (Source: Laws 1909, p. 300.)
24 (205 ILCS 510/1.5 new)
25 Sec. 1.5. Misleading practices and names prohibited.
26 It shall not be lawful for an individual or business entity
27 to conduct business in this State using the word "pawn",
28 "pawnshop", or "pawnbroker" in connection with the business
29 or to transact business in this State in a manner which has a
30 substantial likelihood of misleading the public by implying
31 that the business is a pawnshop, without first obtaining a
32 license from the Commissioner.
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1 (205 ILCS 510/7) (from Ch. 17, par. 4657)
2 (This Section may contain text from a Public Act with a
3 delayed effective date)
4 Sec. 7. Daily report.
5 (a) Except as provided in subsection (b), it shall be
6 the duty of every pawnbroker to make out and deliver to the
7 sheriff of the county in which such pawnbroker does business,
8 on each day before the hours of 12 o'clock noon, a legible
9 and exact copy from the standard record book, as required in
10 Section 5 of this Act, that lists all personal property and
11 any other valuable thing received on deposit or purchased
12 during the preceding day, including the exact time when
13 received or purchased, and a description of the person or
14 person by whom left in pledge, or from whom the same were
15 purchased; provided, that in cities or towns having 25,000 or
16 more inhabitants, a copy of the such report shall at the same
17 time also be delivered to the superintendent of police or the
18 chief police officer of such city or town. Such report may be
19 made by computer printout or input memory device if the
20 format has been approved by the local law enforcement agency.
21 (b) In counties with more than 3,000,000 inhabitants, a
22 pawnbroker must provide the daily report to the sheriff only
23 if the pawnshop is located in an unincorporated area of the
24 county. Pawnbrokers located in cities or towns in such
25 counties must deliver such reports to the superintendent of
26 police or the chief police officer of such city or town.
27 (Source: P.A. 90-477, eff. 7-1-98.)
28 (205 ILCS 510/7.5)
29 (This Section may contain text from a Public Act with a
30 delayed effective date)
31 Sec. 7.5. Report to the Commissioner. The
32 Commissioner, as often as the Commissioner shall deem
33 necessary or proper, may require a pawnshop to submit a full
SB1251 Enrolled -9- LRB9008499NTsbA
1 and detailed report of its operations including, but not
2 limited to, the number of pawns made, the amount financed on
3 pawn transactions, and the number and amount of pawns
4 surrendered to law enforcement.
5 (a) A licensee shall file a report with the Commissioner
6 disclosing all of the following information for the preceding
7 calendar year:
8 (1) Number of pawns made.
9 (2) Amount financed on pawn transactions.
10 (3) Average amount financed.
11 (4) Number of pawns not redeemed.
12 (5) Amount of pawns not redeemed.
13 (6) Average amount of pawns not redeemed.
14 (7) Number of pawns surrendered to law enforcement.
15 (8) Amount of pawns surrendered to law enforcement.
16 (9) Average size of pawns surrendered to law
17 enforcement.
18 (10) Number of pawnshop employees as of the end of
19 the calendar year.
20 (b) The office of the Commissioner of Banks and Real
21 Estate shall prescribe the form of the report and establish
22 the date by which the report must be filed.
23 (Source: P.A. 90-477, eff. 7-1-98.)
24 Section 15. The Environmental Health Practitioner
25 Licensing Act is amended by changing Section 21 as follows:
26 (225 ILCS 37/21)
27 Sec. 21. Grandfather provision.
28 (a) A person who, on June 30, the effective date of this
29 amendatory Act of 1995, was certified by his or her employer
30 as serving as a sanitarian or environmental health
31 practitioner in environmental health practice in this State
32 may be issued a license upon the filing of an application by
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1 July 1, 1999 and within 12 months, by paying the required
2 fees, and by passing the examination.
3 (b) The Department may, upon application and payment of
4 the required fee within 12 months, issue a license to a
5 person who holds a current license as a sanitarian or
6 environmental health practitioner issued by the Illinois
7 Environmental Health Association or National Environmental
8 Health Association.
9 (Source: P.A. 89-61, eff. 6-30-95.)
10 Section 20. The Illinois Professional Land Surveyor Act
11 of 1989 is amended by changing Section 20 as follows:
12 (225 ILCS 330/20) (from Ch. 111, par. 3270)
13 Sec. 20. Endorsement. Upon payment of the required fee,
14 an applicant who is a Professional Land Surveyor, a Land
15 Surveyor-in-Training, or registered or licensed or otherwise
16 legally recognized as a Land Surveyor under the laws of
17 another state or territory of the United States may be
18 granted a license as an Illinois Professional Land Surveyor
19 by the Department with approval of the Board upon the
20 following conditions:
21 (a) That the applicant meets the requirements for
22 licensing in this State, and that the requirements for
23 licensing or other legal recognition of Land Surveyors in the
24 particular state or territory were, at the date of issuance
25 of the license or certificate, equivalent to the requirements
26 then in effect in the State of Illinois; however, the
27 applicant shall be exempt from the requirements of item (5)
28 of subsection (a) of Section 12 of this Act if he or she (1)
29 applied for a license under this Section between September 1,
30 1996 and October 31, 1996 and (2) has 10 or more years of
31 supervised experience as a land surveyor; and
32 (b) That the applicant passes a jurisdictional
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1 examination to determine the applicant's knowledge of the
2 surveying tasks unique to the State of Illinois and the laws
3 pertaining thereto.
4 (Source: P.A. 86-987.)
5 Section 25. The Barber, Cosmetology, Esthetics, and Nail
6 Technology Act of 1985 is amended by changing Sections 3-7,
7 3C-4, and 4-5.1 as follows:
8 (225 ILCS 410/3-7) (from Ch. 111, par. 1703-7)
9 Sec. 3-7. Licensure; renewal; continuing education;
10 military service. The holder of a license issued under this
11 Article III may renew that license during the month preceding
12 the expiration date thereof by paying the required fee,
13 giving such evidence as the Department may prescribe of
14 completing not less than 14 hours of continuing education for
15 a cosmetologist, and 24 hours of continuing education for a
16 cosmetology teacher or cosmetology clinic teacher, within the
17 2 years prior to renewal. The training shall be in subjects
18 approved by the Department as prescribed by rule upon
19 recommendation of the Committee.
20 A license that has been expired for more than 5 years may
21 be restored by payment of the restoration fee and submitting
22 evidence satisfactory to the Department of the current
23 qualifications and fitness of the licensee, which shall
24 include completion of continuing education hours for the
25 period subsequent to expiration.
26 The Department shall establish by rule a means for the
27 verification of completion of the continuing education
28 required by this Section. This verification may be
29 accomplished through audits of records maintained by
30 registrants, by requiring the filing of continuing education
31 certificates with the Department, or by other means
32 established by the Department. The Department may select a
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1 qualified organization that has no direct business
2 relationship with a licensee, licensed entity or a subsidiary
3 of a licensed entity under this Act to maintain and verify
4 records relating to continuing education.
5 A license issued under the provisions of this Act that
6 has expired while the holder of the license was engaged (1)
7 in federal service on active duty with the Army of the United
8 States, the United States Navy, the Marine Corps, the Air
9 Force, the Coast Guard, or any Women's Auxiliary thereof, or
10 the State Militia called into the service or training of the
11 United States of America, or (2) in training or education
12 under the supervision of the United States preliminary to
13 induction into the military service, may be reinstated or
14 restored without the payment of any lapsed renewal fees,
15 reinstatement fee, or restoration fee if within 2 years after
16 the termination of such service, training, or education other
17 than by dishonorable discharge, the holder furnishes the
18 Department with an affidavit to the effect that he or she has
19 been so engaged and that his or her service, training, or
20 education has been so terminated.
21 The Department, in its discretion, may waive enforcement
22 of the continuing education requirement in this Section and
23 shall adopt rules defining the standards and criteria for
24 that waiver under the following circumstances:
25 (a) the licensee resides in a locality where it is
26 demonstrated that the absence of opportunities for such
27 education would interfere with the ability of the
28 licensee to provide service to the public;
29 (b) that to comply with the continuing education
30 requirements would cause a substantial financial hardship
31 on the licensee;
32 (c) that the licensee is serving in the United
33 States Armed Forces; or
34 (d) that the licensee is incapacitated due to
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1 illness.
2 The continuing education requirements of this Section do
3 not apply to a licensee who (i) is at least 62 years of age
4 before January 1, 1999 or (ii) has been licensed as a
5 cosmetologist, cosmetology teacher, or cosmetology clinic
6 teacher for at least 25 30 years and does not regularly work
7 as a cosmetologist, cosmetology teacher, or cosmetology
8 clinic teacher for more than 14 16 hours per week.
9 (Source: P.A. 89-387, eff. 1-1-96; 89-706, eff. 1-31-97;
10 90-302, eff. 8-1-97.)
11 (225 ILCS 410/3C-4) (from Ch. 111, par. 1703C-4)
12 Sec. 3C-4. Pre-existing practitioners; license
13 requirements for nail technicians.
14 (a) Until December 31, 1995, an applicant who was
15 practicing nail technology prior to the effective date of
16 this amendatory Act of 1991 shall be issued a license as a
17 nail technician if the applicant meets all of the following
18 requirements:
19 (1) Completes and submits to the Department the
20 necessary forms furnished by the Department along with an
21 application fee of $20.
22 (2) Is at least 16 years of age.
23 (3) Has graduated from an eighth grade elementary
24 school or its equivalent.
25 (4) Has one year of full-time (40 hours per week)
26 practical experience or 2 years of part-time (not less
27 than 20 hours per week) practical experience as a nail
28 technician prior to the effective date of this amendatory
29 Act of 1991, or has 200 hours of certifiable nail
30 technology education in a cosmetology school or
31 vocational technical school. The nail technology
32 education must have been obtained prior to January 1,
33 1994.
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1 (5) Submits a written affidavit stating a nail
2 technician's practical work experience executed by an
3 employer, co-worker, or client; or a copy of a current
4 business license, where applicable. For purposes of this
5 item (5), work in sales shall not be considered practical
6 work experience.
7 (b) A person who applies for licensure under this
8 Section between January 1, 1999 1997 and January 31, 1999
9 1997, who has been practicing nail technology for a minimum
10 of 6 years in this State, shall be issued a license upon
11 proof of such experience and meeting all other requirements
12 for licensure under this Section.
13 (Source: P.A. 89-125, eff. 7-7-95; 89-706, eff. 1-31-97.)
14 (225 ILCS 410/4-5.1)
15 Sec. 4-5.1. Deposit of fees and fines. Beginning July
16 1, 1995, all of the fees and fines collected under this Act
17 shall be deposited into the General Professions Dedicated
18 Fund.
19 The funds deposited under this Act into the General
20 Professions Dedicated Fund, may be used by the Department to
21 publish and distribute a newsletter to all persons licensed
22 under this Act; such a newsletter should contain information
23 about any changes in the Act or administrative rules
24 concerning cosmetologists, cosmetology teachers, or
25 cosmetology clinic teachers. If appropriate funding is
26 available, the Department may also distribute to all persons
27 licensed under this Act copies of this Act and the
28 appropriate administrative rules that apply, during the
29 renewal process.
30 (Source: P.A. 88-683, eff. 1-24-95.)
31 Section 30. The Private Detective, Private Alarm,
32 Private Security, and Locksmith Act of 1993 is amended by
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1 changing Sections 75 and 77 as follows:
2 (225 ILCS 446/75)
3 Sec. 75. Qualifications for licensure and agency
4 certification.
5 (a) Private Detective. A person is qualified to receive
6 a license as a private detective if he or she meets all of
7 the following requirements:
8 (1) Is at least 21 years of age.
9 (2) Has not been convicted in any jurisdiction of
10 any felony or at least 10 years have expired from the
11 time of discharge from any sentence imposed for a felony.
12 (3) Is of good moral character. Good character is
13 a continuing requirement of licensure. Conviction of
14 crimes not listed in paragraph (2) of subsection (a) of
15 this Section may be used in determining moral character,
16 but does not operate as an absolute bar to licensure.
17 (4) Has not been declared by any court of competent
18 jurisdiction to be incompetent by reason of mental or
19 physical defect or disease unless a court has since
20 declared him or her to be competent.
21 (5) Is not suffering from habitual drunkenness or
22 from narcotic addiction or dependence.
23 (6) Has a minimum of 3 years experience out of the
24 5 years immediately preceding his or her application
25 working full-time for a licensed private detective agency
26 as a registered private detective employee or with 3
27 years experience out of the 5 years immediately preceding
28 his or her application employed as a full-time
29 investigator in a law enforcement agency of a federal or
30 State political subdivision, approved by the Board and
31 the Department; or an applicant who has obtained a
32 baccalaureate degree in police science or a related field
33 or a business degree from an accredited college or
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1 university shall be given credit for 2 of the 3 years
2 experience required under this Section. An applicant who
3 has obtained an associate degree in police science or a
4 related field or in business from an accredited college
5 or university shall be given credit for one of the 3
6 years experience required under this Section.
7 (7) Has not been dishonorably discharged from the
8 armed services of the United States.
9 (8) Has successfully passed an examination
10 authorized by the Department. The examination shall
11 include subjects reasonably related to the activities
12 licensed so as to provide for the protection of the
13 health and safety of the public.
14 (9) Has not violated Section 15, 20, or 25 of this
15 Act, but this requirement does not operate as an absolute
16 bar to licensure.
17 It is the responsibility of the applicant to obtain
18 liability insurance in an amount and coverage type
19 appropriate as determined by rule for the applicant's
20 individual business circumstances. The applicant shall
21 provide evidence of insurance to the Department before being
22 issued a license. This insurance requirement is a continuing
23 requirement for licensure. Failure to maintain insurance
24 shall result in cancellation of the license by the
25 Department.
26 (b) Private security contractor. A person is qualified
27 to receive a license as a private security contractor if he
28 or she meets all of the following requirements:
29 (1) Is at least 21 years of age.
30 (2) Has not been convicted in any jurisdiction of
31 any felony or at least 10 years have expired from the
32 time of discharge from any sentence imposed for a felony.
33 (3) Is of good moral character. Good moral
34 character is a continuing requirement of licensure.
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1 Convictions of crimes not listed in paragraph (2) of
2 subsection (b) of this Section may be used in determining
3 moral character, but do not operate as an absolute bar to
4 licensure.
5 (4) Has not been declared by any court of competent
6 jurisdiction to be incompetent by reason of mental or
7 physical defect or disease unless a court has since
8 declared him or her to be competent.
9 (5) Is not suffering from habitual drunkenness or
10 from narcotic addiction or dependence.
11 (6) Has a minimum of 3 years experience out of the
12 5 years immediately preceding his or her application as a
13 full-time manager or administrator for a licensed private
14 security contractor agency or a manager or administrator
15 of a proprietary security force of 30 or more persons
16 registered with the Department, or with 3 years
17 experience out of the 5 years immediately preceding his
18 or her application as a full-time supervisor in a law
19 enforcement agency of a federal or State political
20 subdivision, approved by the Board and the Department; or
21 an applicant who has obtained a baccalaureate degree in
22 police science or a related field or a business degree
23 from an accredited college or university shall be given
24 credit for 2 of the 3 years experience required under
25 this Section. An applicant who has obtained an associate
26 degree in police science or a related field or in
27 business from an accredited college or university shall
28 be given credit for one of the 3 years experience
29 required under this Section.
30 (7) Has not been dishonorably discharged from the
31 armed services of the United States.
32 (8) Has successfully passed an examination
33 authorized by the Department. The examination shall
34 include subjects reasonably related to the activities
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1 licensed so as to provide for the protection of the
2 health and safety of the public.
3 (9) Has not violated Section 15, 20, or 25 of this
4 Act, but this requirement does not operate as an absolute
5 bar to licensure.
6 (10) It is the responsibility of the applicant to
7 obtain liability insurance in amount and coverage type
8 appropriate as determined by rule for the applicant's
9 individual business circumstances. The applicant shall
10 provide evidence of insurance to the Department before
11 being issued a license. This insurance requirement is a
12 continuing requirement for licensure. Failure to
13 maintain insurance shall result in cancellation of the
14 license by the Department.
15 (c) Private alarm contractor. A person is qualified to
16 receive a license as a private alarm contractor if he or she
17 meets all of the following requirements:
18 (1) Is at least 21 years of age.
19 (2) Has not been convicted in any jurisdiction of
20 any felony or at least 10 years have expired from the
21 time of discharge from any sentence imposed for a felony.
22 (3) Is of good moral character. Good moral
23 character is a continuing requirement of licensure.
24 Convictions of crimes not listed in paragraph (2) of
25 subsection (c) of this Section may be used in determining
26 moral character, but do not operate as an absolute bar to
27 licensure.
28 (4) Has not been declared by any court of competent
29 jurisdiction to be incompetent by reason of mental or
30 physical defect or disease unless a court has since
31 declared him or her to be competent.
32 (5) Is not suffering from habitual drunkenness or
33 from narcotic addiction or dependence.
34 (6) Has not been dishonorably discharged from the
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1 armed services of the United States.
2 (7) Has a minimum of 3 years experience out of the
3 5 years immediately preceding application as a full time
4 manager or administrator for an agency licensed as a
5 private alarm contractor agency, or for an entity that
6 designs, sells, installs, services, or monitors alarm
7 systems which in the judgment of the Board satisfies
8 standards of alarm industry competence. An individual who
9 has received a 4 year degree in electrical engineering or
10 a related field from a program approved by the Board
11 shall be given credit for 2 years of experience under
12 this item (7). An individual who has successfully
13 completed a national certification program approved by
14 the Board shall be given credit for one year of
15 experience under this item (7).
16 (8) Has successfully passed an examination
17 authorized by the Department. The examination shall
18 include subjects reasonably related to the activities
19 licensed so as to provide for the protection of the
20 health and safety of the public.
21 (9) Has not violated Section 15, 20, or 25 of this
22 Act, but this requirement does not operate as an absolute
23 bar to licensure.
24 (10) It is the responsibility of the applicant to
25 obtain liability insurance in an amount and coverage type
26 appropriate as determined by rule for the applicant's
27 individual business circumstances. The applicant shall
28 provide evidence of insurance to the Department before
29 being issued a license. This insurance requirement is a
30 continuing requirement for licensure. Failure to
31 maintain insurance shall result in cancellation of the
32 license by the Department.
33 Alternatively, a person is qualified to receive a license
34 as a private alarm contractor without meeting the
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1 requirements of items (7), (8), and (9) of this subsection,
2 if he or she:
3 (i) applies for a license between September 1, 1998
4 and September 15, 1998, in writing, on forms supplied by
5 the Department;
6 (ii) provides proof to the Department that he or
7 she was engaged in the alarm contracting business on or
8 before January 1, 1984;
9 (iii) submits the photographs, fingerprints, proof
10 of insurance, and current license fee required by the
11 Department; and
12 (iv) has not violated Section 25 of this Act.
13 (d) Locksmith. A person is qualified to receive a
14 license as a locksmith if he or she meets all of the
15 following requirements:
16 (1) Is at least 18 years of age.
17 (2) Has not violated any provisions of Section 120
18 of this Act.
19 (3) Has not been convicted in any jurisdiction of
20 any felony or at least 10 years have expired from the
21 time of discharge from any sentence imposed for a felony.
22 (4) Is of good moral character. Good moral
23 character is a continuing requirement of licensure.
24 Convictions of crimes not listed in paragraph (3) of
25 subsection (d) of this Section may be used in determining
26 moral character, but do not operate as an absolute bar to
27 licensure.
28 (5) Has not been declared by any court of competent
29 jurisdiction to be incompetent by reason of mental or
30 physical defect or disease unless a court has since
31 declared him or her to be competent.
32 (6) Is not suffering from habitual drunkenness or
33 from narcotic addiction or dependence.
34 (7) Has not been dishonorably discharged from the
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1 armed services of the United States.
2 (8) Has passed an examination authorized by the
3 Department in the theory and practice of the profession.
4 (9) Has submitted to the Department proof of
5 insurance sufficient for the individual's business
6 circumstances. The Department, with input from the
7 Board, shall promulgate rules specifying minimum
8 insurance requirements. This insurance requirement is a
9 continuing requirement for licensure. Failure to
10 maintain insurance shall result in the cancellation of
11 the license by the Department. A locksmith employed by a
12 licensed locksmith agency or employed by a private
13 concern may provide proof that his or her actions as a
14 locksmith are covered by the insurance of his or her
15 employer.
16 (e) Private detective agency. Upon payment of the
17 required fee and proof that the applicant has a full-time
18 Illinois licensed private detective in charge, which is a
19 continuing requirement for agency certification, the
20 Department shall issue, without examination, a certificate as
21 a private detective agency to any of the following:
22 (1) An individual who submits an application in
23 writing and who is a licensed private detective under
24 this Act.
25 (2) A firm or association that submits an
26 application in writing and all of the members of the firm
27 or association are licensed private detectives under this
28 Act.
29 (3) A duly incorporated or registered corporation
30 allowed to do business in Illinois that is authorized by
31 its articles of incorporation to engage in the business
32 of conducting a detective agency, provided at least one
33 officer or executive employee is licensed as a private
34 detective under this Act and all unlicensed officers and
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1 directors of the corporation are determined by the
2 Department to be persons of good moral character.
3 No private detective may be the private detective in
4 charge for more than one agency except for an individual who,
5 on the effective date of this Act, is currently and actively
6 a licensee for more than one agency. Upon written request by
7 a representative of an agency within 10 days after the loss
8 of a licensee in charge of an agency because of the death of
9 that individual or because of an unanticipated termination of
10 the employment of that individual, the Department shall issue
11 a temporary permit allowing the continuing operation of a
12 previously licensed agency. No temporary permit shall be
13 valid for more than 90 days. An extension of an additional
14 90 days may be granted by the Department for good cause shown
15 upon written request by the representative of the agency. No
16 more than 2 extensions may be granted to any agency. No
17 temporary permit shall be issued for the loss of the
18 detective in charge because of disciplinary action by the
19 Department.
20 (f) Private alarm contractor agency. Upon receipt of
21 the required fee and proof that the applicant has a full-time
22 Illinois licensed private alarm contractor in charge, which
23 is a continuing requirement for agency certification, the
24 Department shall issue, without examination, a certificate as
25 a private alarm contractor agency to any of the following:
26 (1) An individual who submits an application in
27 writing and who is a licensed private alarm contractor
28 under this Act.
29 (2) A firm or association that submits an
30 application in writing that all of the members of the
31 firm or association are licensed private alarm
32 contractors under this Act.
33 (3) A duly incorporated or registered corporation
34 allowed to do business in Illinois that is authorized by
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1 its articles of incorporation to engage in the business
2 of conducting a private alarm contractor agency, provided
3 at least one officer or executive employee is licensed as
4 a private alarm contractor under this Act and all
5 unlicensed officers and directors of the corporation are
6 determined by the Department to be persons of good moral
7 character.
8 No private alarm contractor may be the private alarm
9 contractor in charge for more than one agency except for any
10 individual who, on the effective date of this Act, is
11 currently and actively a licensee for more than one agency.
12 Upon written request by a representative of an agency within
13 10 days after the loss of a licensed private alarm contractor
14 in charge of an agency because of the death of that
15 individual or because of the unanticipated termination of the
16 employment of that individual, the Department shall issue a
17 temporary permit allowing the continuing operation of a
18 previously licensed agency. No temporary permit shall be
19 valid for more than 90 days. An extension of an additional
20 90 days may be granted by the Department for good cause shown
21 and upon written request by the representative of the agency.
22 No more than 2 extensions may be granted to any agency. No
23 temporary permit shall be issued for the loss of the licensee
24 in charge because of disciplinary action by the Department.
25 (g) Private security contractor agency. Upon receipt of
26 the required fee and proof that the applicant has a full-time
27 Illinois licensed private security contractor in charge,
28 which is continuing requirement for agency certification, the
29 Department shall issue, without examination, a certificate as
30 a private security contractor agency to any of the following:
31 (1) An individual who submits an application in
32 writing and who is a licensed private security contractor
33 under this Act.
34 (2) A firm or association that submits an
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1 application in writing that all of the members are
2 licensed private security contractors under this Act.
3 (3) A duly incorporated or registered corporation
4 allowed to do business in Illinois that is authorized by
5 its articles of incorporation to engage in the business
6 of conducting a private security contractor agency,
7 provided at least one officer or executive employee is
8 licensed as a private security contractor under this Act
9 and all unlicensed officers and directors of the
10 corporation are determined by the Department to be
11 persons of good moral character.
12 No private security contractor may be the private
13 security contractor in charge for more than one agency except
14 for any individual who, on the effective date of this Act, is
15 currently and actively a licensee for more than one agency.
16 Upon written request by a representative of the agency within
17 10 days after the loss of a licensee in charge of an agency
18 because of the death of that individual or because of the
19 unanticipated termination of the employment of that
20 individual, the Department shall issue a temporary permit
21 allowing the continuing operation of a previously licensed
22 agency. No temporary permit shall be valid for more than 90
23 days. An extension of an additional 90 days may be granted
24 upon written request by the representative of the agency. No
25 more than 2 extensions may be granted to any agency. No
26 temporary permit shall be issued for the loss of the licensee
27 in charge because of disciplinary action by the Department.
28 (h) Licensed locksmith agency. Upon receipt of the
29 required fee and proof that the applicant is an Illinois
30 licensed locksmith who shall assume full responsibility for
31 the operation of the agency and the directed actions of the
32 agency's employees, which is a continuing requirement for
33 agency licensure, the Department shall issue, without
34 examination, a certificate as a Locksmith Agency to any of
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1 the following:
2 (1) An individual who submits an application in
3 writing and who is a licensed locksmith under this Act.
4 (2) A firm or association that submits an
5 application in writing and certifies that all of the
6 members of the firm or association are licensed
7 locksmiths under this Act.
8 (3) A duly incorporated or registered corporation
9 or limited liability company allowed to do business in
10 Illinois that is authorized by its articles of
11 incorporation or organization to engage in the business
12 of conducting a locksmith agency, provided that at least
13 one officer or executive employee of a corporation or one
14 member of a limited liability company is licensed as a
15 locksmith under this Act, and provided that person agrees
16 in writing on a form acceptable to the Department to
17 assume full responsibility for the operation of the
18 agency and the directed actions of the agency's
19 employees, and further provided that all unlicensed
20 officers and directors of the corporation or members of
21 the limited liability company are determined by the
22 Department to be persons of good moral character.
23 An individual licensed locksmith operating under a
24 business name other than the licensed locksmith's own name
25 shall not be required to obtain a locksmith agency license if
26 that licensed locksmith does not employ any persons to engage
27 in the practice of locksmithing.
28 An applicant for licensure as a locksmith agency shall
29 submit to the Department proof of insurance sufficient for
30 the agency's business circumstances. The Department shall
31 promulgate rules specifying minimum insurance requirements.
32 This insurance requirement is a continuing requirement for
33 licensure.
34 No licensed locksmith may be the licensed locksmith
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1 responsible for the operation of more than one agency except
2 for any individual who submits proof to the Department that,
3 on the effective date of this amendatory Act of 1995, he or
4 she is actively responsible for the operations of more than
5 one agency. A licensed private alarm contractor who is
6 responsible for the operation of a licensed private alarm
7 contractor agency and who is a licensed locksmith may also be
8 the licensed locksmith responsible for the operation of a
9 locksmith agency.
10 Upon written request by a representative of an agency
11 within 10 days after the loss of a responsible licensed
12 locksmith of an agency, because of the death of that
13 individual or because of the unanticipated termination of the
14 employment of that individual, the Department shall issue a
15 temporary permit allowing the continuing operation of a
16 previously licensed locksmith agency. No temporary permit
17 shall be valid for more than 90 days. An extension for an
18 additional 90 days may be granted by the Department for good
19 cause shown and upon written request by a representative of
20 the agency. No more than 2 extensions may be granted to any
21 agency. No temporary permit shall be issued to any agency
22 due to the loss of the responsible locksmith because of
23 disciplinary action by the Department.
24 (i) Any licensed agency that operates a branch office as
25 defined in this Act shall apply for a branch office license.
26 (Source: P.A. 89-85, eff. 1-1-96; 89-366, eff. 1-1-96;
27 89-626, eff. 8-9-96; 90-436, eff. 1-1-98.)
28 (225 ILCS 446/77)
29 Sec. 77. Necessity for licensure of locksmith agencies;
30 grandfather provision.
31 (a) On or after January 1, 1997, no person shall
32 practice as a locksmith and no business entity shall operate
33 as a locksmith agency without first applying for and
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1 obtaining a license for that purpose from the Department.
2 (b) Applications must be accompanied by the required
3 fee.
4 (c) In lieu of the examination given to other applicants
5 for licensure, the Director may issue a license to an
6 individual who presents proof to the Director that he or she
7 was actively engaged as a locksmith or as a supervisor,
8 manager, or administrator of a locksmith business for 3 years
9 out of the 5 years immediately preceding January 1, 1996 and
10 meets all other requirements of this Act.
11 (d) The application for a license without examination
12 shall be made to the Director within 2 years after the
13 effective date of this amendatory Act of 1995.
14 (e) A person who applies for licensure under this
15 Section between September 1, 1998 and September 30, 1998
16 shall be exempt from subsection (d) of this Section and shall
17 be issued a license upon proof of meeting all other
18 requirements for licensure under this Section.
19 (Source: P.A. 89-366, eff. 1-1-96.)
20 Section 99. Effective date. This Act takes effect upon
21 becoming law, except that Sections 5 and 10 take effect July
22 1, 1998 and Section 25 takes effect January 1, 1999.